AGC files Criminal Reference to Court of Appeal

The Attorney’s General Chamber (AGC) has on Monday (10 Apr), filed a Criminal Reference to the Court of Appeal (CA) to address questions of law of public interest that have arisen out of the High Court’s decision on the case of former City Harvest Church (CHC) leaders.

The High Court had, on Friday (7 Apr) reduced the sentences of all six former leaders after it determined that the original charge of aggravated CBT (Criminal Breach of Trust as an Agent) under Section 409 of the Penal Code was inappropriate and replaced it with a simpler CBT charge under Section 406. [ link ]

As such, jail sentences for the six were massively reduced by up to 50%.

  1. Kong Hee: From 8 years to 3 years and 6 months.
  2. Tan Ye Peng: From 5½ years’ to 3 years and 2 months.
  3. Chew Eng Han: From 6 years to 3 years and 4 months.
  4. Serina Wee Gek Yin : From 5 years to 2½ years.
  5. John Lam Leng Hung: From 3 years to 1½ years.
  6. Sharon Tan Shao Yuen: From 21 months to 7 months.

The High Court held that Kong Hee and his gang were not agents simply by virture of them being directors of CHC.

In its statement, AGC said that it has carefully considered the written grounds and is of the view that there are questions of law of public interest that have arisen out of the High Court’s decision, including and in particular, whether a director or a member of the governing body of a company or organisation who is entrusted with property, or with any dominion over property, is so entrusted in the way of his business as an agent for the purposes of section 409 of the Penal Code.

If the CA agrees with the Prosecution’s submissions, the Prosecution intends to request that the CA exercises its powers under section 397(5) to reinstate the appellants’ original convictions under section 409 of the Penal Code and make necessary and consequential orders in relation to the sentences given.

Section 397(5) of the Criminal Procedure Code (CPC)

Under section 397(5) of the CPC, the CA, in hearing and determining any questions referred to it, may make such orders as the High Court might have made as the CA considers just for the disposal of the case.

In a nutshell

Plainly put, should the CA agrees with the Prosecution’s submission that a director qualifies as an agent, then the Prosecution is going to request that the CA reinstate the original aggravated CBT charges against the six former leaders and sentence them according.

Coffee shop gossips has it that the CA would most likely agree with the Prosecution’s submission and the sentences for the six will be reinstated to the ones meted by the States Court.

What do you think?

 

 

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44 Responses to “AGC files Criminal Reference to Court of Appeal”

  • No Pao Gong:

    I think this must be one of PAP QUICK backdoor screwdriver to put people away without trail [defending lawyer]. Since the miniskirt already opened big mouth, he will steer “EVERYTHING” to his way and ONLY his way. Singapore justice is not independent hence IMHO, PAP can interfere with it and there is certainly NO Pao Gong in Singapore.

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  • Amos humiliates L*L and PAP:

    Since when did “public interest” make any difference. The only thing important in Singapore is PAP. The judicial system makes sure of this. Amos victory in US court proves this.

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  • Maxchewy:

    Must be worse than physical torture for the 6 church leaders. Mental torture is worse. A rollercoaster ride with no end nor closure in sight. Hope they keep strong for the sake of their spouses and kids. Hope none will break down mentally nor become suicidal. Their faith is now most important to cling to.
    Feel for their innocent kids through no fault of theirs.
    Not worth the Sentosa Cove luxury home nor the merc 5000 nor the first-class tickets to USA. KH and the other 5 were just ord professionals and salarymen-women and not used to seeing $300million in their CHC coffers. They were thus overwhelmed and tempted by the enormity of the cash mountain.Surely we can use a portion of it for our use? After all we brought in the millions through our own hard work and ingenious church programs. So they did but got caught unfortunately.
    They are only mortal despite their strong faith. Many church leaders all over the world have committed worse money crimes and gone to jail. Rev Jimmy Baker is one amongst many in USA.
    Greed and the love of money and luxury will always be the downfall of man. Closure to them is now more important than the length of their jail terms. They may not realise this.
    MC
    11.4.17

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  • No System:

    If the CA would agree with the Prosecution’s submissions and can revert to the original conviction then it could only be an indication that the deliberation and determination of the judges was insufficient tantamount to it being wrong. If this can be reverted, then I am convinced that we have no justice system.

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  • LIONS:

    Just another “wayang” to distract common sgs from the real issuesike the recent proce hikes???

    PAP always finding diversions as sgs are easily conned.

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  • Public interest:

    Amos humiliates L*L and PAP:
    Since when did “public interest” make any difference. The only thing important in Singapore is PAP. The judicial system makes sure of this. Amos victory in US court proves this.

    There’s a lot of public interest about the points raised by AGC’s opinion on elected presidency, how come no action taken?

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  • No win no fee:

    Has this case been bungled and manipulated over and over?

    Shocking they can’t get it right maybe the “garmen” should state its wishes to the “barmen” first before they pour out the drink.

    Hope no one is convulsing in their pants or worse who’s head is going to go on the chopping block this time, only time will tell.

    After all it cost taxpayers money and $10M in fees and still not get satisfaction. Its like not reaching climax after a lot of effort pumping all night.

    Just down right frustrating if you know what I mean.

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  • Prosecute Effectively to save:

    To: No System

    “If this can be reverted, then I am convinced that we have no justice system.”

    It is only when there is no further recourse to an uneasy court verdict that you can say that “we have no justice system.” The Singapore Court of Appeal has some of the finest legal minds for appeal judges and so far every one of their judgements are so totally fair that you have to marvel that the appeal judges got it so right.

    I may not agree with many things in Singapore but the judgements from the Court of Appeal so far has been so fair I am totally reassured as an ordinary citizen.

    The reduced sentencing is wrong. It makes light of the hard-earned money from ordinary people who gave sacrificially over many years and that’s why there were complaints which brought about the investigations.

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  • Samuel S:

    When foreigners committed offences, our law minister cant be bothered to push for heavier sentences. He treats his own countrymen differently. Now back to this case if AGC wins, there is no more Court of Appeals for the defenders as that is their final resources, is this fare? What happen if AGC looses, would our minister sacks the judges and reinvent laws. Well look like he cannot accept failure.

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  • Chee Bye:

    if CHC members not happy, TAKE TO THE STREETS lah.

    show the govt you got faith in Kong Hee and you are united as one church behind his cause.

    come on!!! do it!!!!
    Jesus is with you.

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  • Frank Comment:

    It is a big joke that Con Hee & gang got away with such light sentences at the recent appeal. I hope the government do the right thing to ensure that Apex court at least reinstate the riginal sentences meted out Con Hee & gang !

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  • MarBowling:

    Agree totally with LIONS that the ongoing never-ending Ding Dong Wayang Kulit is a Diversion ploy engineered by Mai Hum and Gang to distract SinKaporean from important and real National issues like all the various hikes in water, electricity tariffs, transport fares, etc and of course the crap changes to the erection of the PE to prevent Dr Tan CB from contesting!

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  • Real Culprit:

    If this whole saga is stripped off all its legal wrangling and seen in perspective, the crime can be attributed to essentially one man and his wife. He is basically the alter ego of the so-called mega church of his creation. He was able to amass astronomical sum of money by exploiting the naive and gullible in the name of God. He and his wife got greedy and decided to live it up by hatching out a scheme to siphon out $50 mil. Hence, sentence must befit the crime. The other 5 who were convicted along with him were mere supporting cast. They did not benefit in the same manner and ought to receive much lighter sentences. The real abettor and partner in crime is his wife who was central to the embezzlement and the root of all the misdeeds. And yet she was able to emerge unscathed. It’s conscience boggling how the law works.

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  • Monyet Hitam:

    Bingo, dun fall into trap of Govt, they can’t solve our economy slow slow plodding, so get us engaged with CHC. And when it turns around, drop the CHC case like hot potato, and then sing praises ownself for reversing economy’s trend.

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  • May:

    Case should close ready.

    No point keep making police report.

    The 1st police report enough.(unless is a new case)

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  • BuyMeBakKutTeh:

    If charges revert to same sentence I think God is good… if sentence is longer than the original I think God is great!

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  • Sinkapooor:

    Can they do the same for the Ang Mo pedophile? We also not happy what?

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  • 莫犯天条:

    犯了天条

    天兵天将必定会手执钢鞭将你打!

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  • Maxchewy:

    Addendum to LIONS….also the PE scandal brought up so recently by Dr Tan Cheng Bock! What happened to it now suddenly drowned out by a bigger scandal of CHC? Wayang and diversion are clever strategies of the PAP scholars.
    Heard from the grapevine Govt now mulling over a revert back to NP or nominated Presidency? Everything and anything is possible with our pragmatic Authorities. But beware….just viewed the documentary news of the collapse of giant Jap firms Sony, Sharp and now Toshiba. I remembered how big, rich and powerful they were in the international market in the 80s and 90s. Who could have imagined their downfall coming so fast? As the Bible says….even the mighty will jatoh one day. Therefore be good, humble and righteous and you will survive and live well into the sunset.
    MC
    12.4.17

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  • different class:

    What happen if these 6 crooks are ordinary S’porean. They were be servicing their jail tersm half way through.

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  • Something to think about:

    http://www.azlyrics.com/lyrics/raystevens/wouldjesusw
    eararolex.html

    Read this song lyrics.

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  • We Pray to Almighty God:

    that Kong Hee and Gang falls under section 409 of the Penal Code . . .

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  • Can Plan X'mas Party Leow!:

    Another Appeal will mean delay in going to jail for the 6.

    Pastor and his Gang can enjoy life to the fullest now that they will be out on bail again!

    Jingle Bells!

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  • oxygen:

    @ Prosecute Effectively to save,

    IF THE JUDICIAL SYSTEM requires the Court of Appeal to “right” verdicts elsewhere, it is a GONER of justice long past ignored or unaware of reality.

    HOW MANY DEFENDANTS CAN AFFORD TO TAKE A ‘WRONG DECISION” to the Court of Appeal to get it ‘RIGHT”.

    Remember this, in criminal proceedings, the State as prosecutor has bottomless pocket funded by taxpayer to pursue, most defendants in big long-drawn out cases would have long been bankrupt before they step near the sight of the Appeal Court in any legal jurisdiction.

    The highest court – before the Appeal Court – has to get it “right” the first time if justice is to be served for both the prosecution and the defence.

    No System: If this can be reverted, then I am convinced that we have no justice system.

    Prosecute Effectively to save: It is only when there is no further recourse to an uneasy court verdict that you can say that “we have no justice system.” The Singapore Court of Appeal has some of the finest legal minds for appeal judges and so far every one of their judgements are so totally fair that you have to marvel that the appeal judges got it so right.

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  • ConSterTheGod:

    If like this then does it mean the VIP lawyer and other lawyers have to pay back part of the multi million dollar bill for the legal services???

    Like this doesnt this mean kaki lang slap kaki lang?

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  • cw:

    followers to blame too. they r of weak minds and give so much money. if they hoping to be rich by giving they deserved to be conned. conmen prey on weak minded people. and even now u hv people supporting kh. i say they deserve to be cheated la.
    of course kh must be sentenced heavily still.

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  • oxygen:

    @ Samuel S,

    THAT IS PINPOINT CORRECT, mate. In any criminal proceedings, the weight of justice is always (without exception) HEAVILY STACKED AGAINST the defendant IN ANY COUNTRY because taxpayers funded the prosecution unlimited. And in any court of appeal, if the decision went against the defendant on either question of fact or question of law technicality, the defendant in Sinkieland is trapped carcass. This is GROSS INJUSTICE.

    There has got to be a final appeal to the UK Privvy Council but OPENED ONLY to the defendant. There is a slight amelioration if Sinkieland like Australia have a SEPARATE OFFICE OF PUBLIC PROSECUTION – removed and apart from the AGC. I argued my grounds here in this thread at oxygen: April 12, 2017 at 9:05 pm

    http://www.tremeritus.com/2017/04/12/only-the-chc-family-is-hurt-in-the-chc-saga/

    The legal grounds for opening up criminal defence access to the UK Privvy Council is UNYIELDINGLY COMPELLING.

    The defendant cannot be a test bed of testing the rigor of flawed law engineered (written) by dumb fools in the AGC (whilst Parliament sleeps through its legislative approval), to be tripped over by the learned judges and then the AGC doubled up the bet leaving the defendant a punching bag of injustice with no chance of final appeal to the Privvy Council.

    In those circumstances, it is NEITHER LAW NOR JUSTICE for the defendant or the taxpayers funding the misadventure of flawed judicial architecture of rolling AGC into one of law engineer, law writer, Govt Legal adviser and also prosecutor of its OWN FLAWED LAW.

    Samuel S: When foreigners committed offences, our law minister cant be bothered to push for heavier sentences. He treats his own countrymen differently. Now back to this case if AGC wins, there is no more Court of Appeals for the defenders as that is their final resources, is this fare? What happen if AGC looses, would our minister sacks the judges and reinvent laws. Well look like he cannot accept failure

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  • Dont let them get away with it:

    I totally agree with OXygen that it is the important duty of the lower courts to get their judgements right so the seeker of justice would be spared the trouble and huge expense to seek out the Court of Appeal.

    Unfortunately it does not always happen and sometimes a debatable/ questionable judgement by the lower court is not even so obvious as in the City Harvest Church case.

    Take the case of Baby G, where the parent sought compensation from the hospital which gave the wrong sperm (IVF) and baby was born a different skin colour from parents.

    The lower court was dismissive telling the parents, be thankful u have a baby, as long as it is a healthy baby, don’t be calculative to seek compensation. As a member of the public reading this judgement, I don’t know, is this verdict good or bad?

    It was only when the aggrieved parents sought the Apex Court and reading the reasoned judgement of the appeal judges, I felt, here, justice is done. They got compensation but more important than money, people pursue justice to be vindicated.

    As for the CHC case, what is the point of a 3+ yr sentence at tens of millions of taxpayers’ money? They will get 1/3 remission. Soon will be out and will scam gullible people again. No wonder so many scams and CBTs as the deterrence is not deterring enough!!

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  • Respect your own LAW:

    If the high court verdict is hang him once, you RESPECT the Singapore Law Process, respect the high court judges, to only hang him ONCE (1). Remember, the high court judges are more learned people in LAW than YOU!
    You cannot torture him to bring him out again and repeatedly humiliate him, his family and stab him again and again, such inhuman behaviour. Peace be with you, forgive, let it go and let him go and may God in return forgive YOU and your Family.
    I am surprise that the LAW miniskirt isn’t too happy with his own law system and process. May God visit him and his Family.

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  • solaris8899:

    what kind law is this?
    got discount from jail penalty.
    double standards..

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  • Some Say Wayang!:

    How can Gahment interferes with Court ruling?

    In the eyes of ordinary Singaporeans, it is not a very correct thing to do, right?

    The sentences will likely stay and Pastor and his Gang should start serving sentences on 21 Apr 2017.

    Get it done and finished, let’s not waste everybody’s time!

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  • oxygen:

    IN LAW ADJUDICATION – anywhere – this can happened.

    a) fitting the facts to law i.e. deliberate attention of chosen limited facts to create evidence base to convict the accused. This is illegal fixing of the accused often happened in politically-tainted trial of ‘FIXING” the pre-intended outcome against the defendant.

    or

    b) fitting the law to facts i.e. if the facts established DO NOT provide the evidential support to convict the accused beyond reasonable doubt, the accused is let off WITHOUT A CONVICTION.

    There will be no case of a conviction with discounted sentence because the public mind will wonder this anomaly – if the accused is guilty, the sentence should carry but if the accused is innocent, the accused can’t be sentenced for offence he/she is innocent in the court’s judgement.

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  • Shit:

    The 2 clowns gave light sentence, then public outburst, then govt stepped in to appease with this.

    Our system is broken, you saw cases of govt, elites and FTs with very light sentences. Even Yang Yin get big discount on jail sentence and not to mention Woffles getting $1000 fine for asking someone to take the blame. You guys forgot?

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  • Evil And Corrupt:

    The silly system just shows that Sillypore is heaven for the greedy, evil and corrupt. Sillypore is the place for all these people.

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  • oxygen:

    ILLEGAL FITTING THE FACTS TO LAW involving the deliberate attention of chosen limited facts but ignoring all other overwhelming contradictory fact/s to the contrary, to construct a fictitious evidence base is sometimes derogatorily called – rule by law.

    FITTING THE LAW TO FACTS is rightly called “rule of law” i.e. if the evidence does NOT agree with what the law stipulates to arrive at a conviction, the accused must be acquitted.

    Interesting enough, in Down Under, where there is a SEPARATE Director of Public Prosecution as distinguished from the Attorney-General (who is the law architect, govt. law adviser and also the defender of the Government”", it set out STRICT guidelines to the Director of Public Prosecution on “fairness” of prosecution and the demanding requirement of JUSTICE TO THE COMMUNITY. Here is my proof IN RELEVANT QUOTE:

    “Having regard to the role and duties of the prosecutor as described in Guideline 2, a prosecutor must act impartially and fairly according to law. This will involve the prosecutor informing the defence and the court of directions, warnings or authorities which may be appropriate in the circumstances of the case, even where unfavourable to the prosecution. It will also involve identifying portions of evidence which may be objectionable and declining to open on such evidence.

    As a general rule the prosecution must offer all its proofs during the presentation of its case (and, for example, should not first adduce evidence of an admission which is relevant to a fact in issue during cross-examination of an accused person).

    “Cross-examination of an accused person as to credit or motive must be fairly conducted. Material put to an accused person must be considered on reasonable grounds to be accurate and its use justified in the circumstances of the trial. (See also Barristers’ and Solicitors’ Rules 63 and 64 — Appendix B.

    The prosecutor owes a duty of fairness to the community. The community’s interest is twofold: that those who are guilty be brought to justice and that those who are innocent not be wrongly convicted.”

    http://www.odpp.nsw.gov.au/prosecution-guidelines

    It is important to note that the Australian Attorney-General DO NOT UNDERTAKE ANY CRIMINAL PROSECUTION. In effect, the law architect do NOT write his/her law and then interpret it in the courtroom – the judges can competently do that.

    THIS FACTS INCLUDING THE STRICT GUIDELINES TO THE DIRECTOR OF PUBLIC PROSECUTION PRACTICALLY GUARANTEE THE IMPOSSIBILITY OF RULE BY LAW in foul displacement of RULE OF LAW.

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  • Bible knowledge:

    So much monies, enough to pay 12 basic salaries of the jialiabis nepotically adulterated democratic Singpore Cabinet Ministers. As a Christians, our Lord Jesus was persecuted by the ordinary people and referred their grievance to Caesar. Caesar ‘wisely’ threw the decision back to the people upon which Jesus was crucified on the Cross. While on the Cross, the famous line spoken by Jesus which summarises all his teaching and purpose of his devine birth has been repeated till to day in survices of Churches throughout the world.

    “Father, forgive them for they knowth not what they do”
    This, he prays for those who are not his deciples and reminds his deciples of what they should do in carrying out his mission.

    What have happened to the well dressed multimillionaires using the monies entrusted to them just to glorify whatt they decided to be the ‘talents’ which are no more than ultra public expression of “crudity”. Instead of repentence, they are willing to spend millions to get them of the hooks which as Christians should be more usefully used to help the Communities as exemplified by Mother Theresa in her life work in Indian villages with just fraction of the monies to save their own skin. Is these what they are supposed to teach their followers.

    Perhaps they have been too indulgent and tempted by the too generous contributions of the followers to forget what the Lord teaches on evils and temptation. Why the birth in stable instead of Elizabeth Hospital? Why he is in rags and not in silk lined with gold. Why he has no folden bowl and chalets to serve but his wooden and earthen bowl? Why he walks about with no fanfare? Why indeed? Bible should be reread with more deep meditation than just reciting and talking!

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  • I Not Stupid Prince.:

    As a Catholic, I say that Con Hee has abuse his Pastor position to dubbed his blind sheeps using the revered name of the Good Lord as a guise to conceal his SIN and subsequently tarnished the good image our Christian Faith.
    May he pay for his SIN and face justice accordingly.Amen+

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  • Xiao zhong:

    Learn to love the right things

    Eg.b kind n honest.

    Don ever love greed.

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  • Realist:

    The 6 members were charged and already given jail sentences.
    Why condemn them for more ?
    God is merciful then why are we not merciful to have them a lighter sentence ?
    Why further persecute them ?

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  • God is not mocked:

    Realist:
    The 6 members were charged and already given jail sentences.
    Why condemn them for more ?
    God is merciful then why are we not merciful to have them a lighter sentence ?
    Why further persecute them ?

    Were they given jail sentences? Or just a token slap on the wrist? If God is looking down, he will demand nothing less than eternal condemnation to hell. Prison in Changi is too kind for these unrepentant sinners.

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  • The 6 members should be:

    persecuted further as they are stubbornly unrepentant, an affront to human decency . . .

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  • retrail:

    got this funny feeling, all this ploy is to set the stage fr retrial. another seven yrs to go. another 10 millions in legal fees, funded by the sheeps.
    10 millions drained off, which could have generated multiplying economics effect.

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  • New Egg Yoke:

    CHC is just a convenient fall guy to DISTRACT the simple minded 70 % cowardly Stinkies away from all price hikes in EVERYTHING. WAYANG. Zzz…everything also they say, they do, they win lor. Dun waste your time caring or bothering. Go about your meaningless lives and take care of your own business. Minimise debts, save water and recycle your urine. Use it to cook and bathe and wash clothes. Now 30%, next time they hike water prices to 70% to reflect the scarcity of dafts in Stinkabore.

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  • Must Disband The Deviant Cult:

    Frank Comment:
    It is a big joke that Con Hee & gang got away with such light sentences at the recent appeal. I hope the government do the right thing to ensure that Apex court at least reinstate the riginal sentences meted out Con Hee & gang !

    Deviant cults like these prosperity churches should be banned as it is a bad infuence on society in that they cleverly exploit human greed to the full for material and financial success using grossly distorted interpretations of holy scriptures. How many innocent and gullible followers have been willing victims should be of utmost concern of the authorities to put things right in the interest of society.

    Jesus Christ and all other churches do not exploit such human greed of their members but teach devotion to a holy Jesus who lived a simple life of austerity when He walked on Earth.

    Deviant cults like prosperity churches draw people away from all bona fide Christian churches, thus adveresly affecting their membership and potential growth. Why all the other churches do not come out and voice their concerns shows that they are just sucking their own thumbs and bearing their agony in silence. Why let deviant rogues spoil the market?

    Condoning such a deviant cult is unfair to bona fide churches, not to mention that all people of other religions such as Buddhist, Taoist etc, etc. are also watching. Thus, justice must not only be done, but more importantly, must be seen to be done.

    There must be fairness and firmness to all, esp. in our fragile society.

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